Guardianship (Be’er Sheva) 74879-01-25 M.S. v. A.S. - part 3

12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)V.             Applicants Refer Section 3229(b) to the Legal Capacity and Guardianship Law, and argue that the court's authority to revoke the power of attorney that was signed should be exercised, both as a result of fraud, exploitation or pressure, as well as because the appointer was not competent to edit the document.

1. The applicants claim that in their father's case there is a violation of all the conditions set forth in the law.
2. The Respondents' Arguments:
3. Respondents 1-3 are the brothers of the applicants and the sons of the appointer.  The respondents claim that the enduring power of attorney was signed lawfully because the appointer is competent and reject the claims regarding fraud, exploitation or unfair influence.
4. The respondents claim that in accordance with the medical release summary dated October 8,2024, ten days after the date of signing the enduring power of attorney, as well as other documents prepared about a week before the signing, it is stated that the appointer is lucid and fully conscious.

III.       The respondents claim that the withdrawals of the funds, the repayment of the funds and the other financial transactions in the bank accounts were carried out in accordance with a notarized power of attorney signed by the appointer according to his will, when he was competent.

1. The respondents claim that respondent 1 takes care of all of the father's affairs, takes care of all his needs and details the monthly expenses relating to the father's livelihood.
2. Respondent No. 1 claims that he acted in good faith in accordance with the informed consent of the appointer, and he claims that he has evidence to prove the aforesaid.
3. The respondents reject the claim that the appointer was incompetent and claim that after his discharge from hospitalization following a stroke in April 2024, the appointer was determined to be competent.

VII.      The respondents claim that it was the applicants who allegedly stole jewelry and withdrew funds in the sum of approximately ILS 100,000 from the appointer's accounts.